Mombasa: The High Court has emphasized the need for absolute accountability in devolved functions to ensure fairness and transparency in serving the people across the country. Speaking at the 2025 Annual High Court Leaders Conference at Sarova Whitesands Beach Resort, Deputy Chief Justice Philomena Mwilu hailed the High Court for its significant contribution in nurturing devolution since the promulgation of the Constitution in 2010.
According to Kenya News Agency, the jurisprudence developed by the High Court has played a key role in strengthening devolution, safeguarding constitutional values, and ensuring that the principles of governance are upheld both at national and county levels. The forum, themed “15 Years of Devolution: The High Court’s Role in Shaping Governance,” seeks to discuss aspects of devolution and its relationship with the courts, both retrospectively and prospectively, through various presentations and dialogue.
The Deputy CJ urged the Judges to remain steadfast in their commitment to upholding the constitutional framework for devolution. She stressed the importance of the principles of fairness, accountability, and transparency guiding the operations of the government at both the national and county levels. Mwilu also called for enhanced collaboration among the judiciary members, highlighting the necessity for innovation in service delivery, conflict resolution, and the continued expansion of citizen rights in the next phase of devolution.
Mwilu assured that the judiciary, led by the High Court, will remain at the forefront of devolution to ensure that it remains true to its promise of empowering local communities and promoting sustainable development. Over the past 15 years, the High Court’s jurisdiction has expanded to include a wide range of cases involving intergovernmental disputes, resource allocation, the exercise of devolved functions, and the protection of constitutional rights at the county level.
Further, she noted the judiciary’s expansion to all 47 counties, describing it as a milestone in promoting access to justice for all Kenyans regardless of their geographical location. The conference was attended by High Court Principal Judge Eric Ogola, the Registrar of the High Court Clara Omondi, Mombasa Deputy Governor Francis Thoya, Senate Speaker Amason Kingi, Prof. Kivutha Kibwana, among other dignitaries.
The Registrar of the High Court highlighted the judiciary’s crucial role during the early years of devolution in interpreting the law on matters such as the transfer of functions, equitable resource allocation, and human resource transition. Omondi stated that the High Court safeguarded equity through its decisions and ensured the constitutional promise of devolution was not lost.
Principal Judge Ogola welcomed the appointment of 20 new High Court judges in 2024, which brings the total number to 95. He expressed that these appointments would enhance the judiciary’s capacity to deliver justice more efficiently. Deputy Governor Thoya commended the judiciary for its continued role in strengthening devolution, noting that county governments have experienced the benefits and challenges of the new system firsthand.
Senate Speaker Amason Kingi emphasized the need for continued collaboration between the judiciary and the legislature, particularly the Senate, in safeguarding devolution. He cited instances where the Senate has sought judicial interpretation in disputes involving county governments and raised concerns about court injunctions that may hinder constitutional oversight, referencing the case of former Taita Taveta Governor Granton Samboja. Kingi underscored the theme’s importance, allowing reflection on progress made and recalibrating collaboration between institutions like the Senate and the High Court to entrench devolution.